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The information contained in this page, and throughout this website, is general in nature. It is current at 30 June 2019 but may have been subject to change since that time. It is not intended to be, and should not be construed as, legal advice. It is designed to assist our clients, or potential clients, to gain a general understanding of the family law system and the concepts which might arise. Every case is different and there may be factors which affect the outcome or advice in your particular case. We recommend that you contact us before taking any steps regarding the issues raised in this website.

Divorce / Separation

What does ‘separation’ actually mean?
Legal separation requires “action, intention and communication”.  In most cases this will be obvious, for example, one party tells the other it is over, and moves out.  In other cases, such as ‘on again, off again’ type relationships, or relationships where parties ‘drift apart’, it can be less clear.

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De Facto Relationships

What is a de facto relationship?
In Western Australia, a de facto relationship is when two people (regardless of whether they are heterosexual or same sex) live together in a marriage like relationship.

When deciding whether a relationship is “marriage like”, the Court looks at a number of indicators including the length of the relationship, degree of mutual commitment to a shared life, public perception, sharing of finances etc

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Forward Planning / Prenuptial Agreements

What is a pre-nuptial agreement?

Strictly speaking, a pre-nuptial agreement is a binding financial agreement entered into between parties before they are married, which deals with the way in which their finances are to be divided if and when the marriage comes to an end. In Australia though, pre-nuptial agreements can also be used by parties before entering into a de facto relationship.

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Property Settlement

What is property settlement?

Property settlement if the process whereby married or de facto couples divide their assets, either by agreement or by Court Order.

Do I need to have a property settlement?

If there is no property settlement, the financial relationship between parties to a marriage or de facto relationship is not ‘severed’ or brought to an end. This means either party could make a claim…..

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Parenting Issues

Family Dispute Resolution

Except in cases of urgency, a parent cannot apply to the Family Court for parenting orders unless they have attended family dispute resolution (“FDR”).

FDR is a mediation like process where parents work with a family dispute resolution practitioner (“an FDRP”) to attempt to resolve their parenting dispute. FDRPs are mediators specifically trained to deal with parenting issues, and to identify cases which might not be appropriate for FDR, such as where there may have been domestic violence or abuse.

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Child Support / Child Maintenance

Periodic Child Support

Periodic child support is managed by the child support agency. An eligible carer or payer can seek a child support assessment at any time after parties’ separate.

How do I seek a child support assessment?

To seek a child support assessment, you should contact the Department of Humans Services here or on 131 272.

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